United States Patent and Trademark Office OG Notices: 03 April 2007

Date            Type of         Proceeding
Issued          Case (1)        or App'n No.            Party/Parties

3-2             EX              78285127                Cosmetic
                                                        Essence, Inc.


                                Opposer's/              Applicant's/
                                Petitioner's            Respondent's
                TTAB            Mark and                Mark and
Issue           Decision        Goods/Services          Goods/Services

2(d)            Refusal                                 "SIMPLYME SPA"
                Affirmed                                [personal care
                as to                                   products, namely,
                both cited                              body wash, bath
                registrations                           and shower gels,
                                                        hand and body
                                                        soaps, bath oils,
                                                        body lotions and
                                                        creams, body
                                                        scrubs, skin salt
                                                        scrub and bath
                                                        crystals, non
                                                        medicated tablets
                                                        and non medicated
                                                        salts, fragrant
                                                        body splash, body
                                                        sprays and body
                                                        mists and room
                                                        fragrancing gels
                                                        and room
                                                        fragrances, and
                                                        hair care
                                                        preparations,
                                                        namely, shampoos
                                                        and conditioners]


Mark and                                        Citable as
Goods Cited by                                  Precedent
Examining Atty.                                 of TTAB

2 cited registrations,                          No
both owned by the
same entity and both
the for the mark:
"SIMPLY SPA"
[personal care
products for the face,
hands, body, feet,
nails, and hair,
namely, lip gloss, lip
balm, lip gel, body
and bath oils, skin
lotions, body lotions,
hand lotions, hand
creams, shea butter,
shower gels, milk
bath, bubble bath,
soaps, body wash,
non-medicated bath
salts, bath powder,
bath fizzies,
potpourri, hair
shampoos, nail care
preparations and
polish, body scrubs,
seaweed scrub, hair
conditioner, body
powder, clay mask,
facial masks,
cosmetic glitter gel,
cosmetic glitter
spray, and room
fragrances in spray
form] and [candles]


(1)EX=EX PARTE APPEAL; OPP=OPPOSITION; CANC=CANCELLATION; CU=CONCURRENT
USE; (SJ)=SUMMARY JUDGMENT; (R)=REQ. FOR RECONSIDERATION; (MD)=MOTION
TO DISMISS; (MR)=MOTION TO REOPEN